Overstayer and HSMP

[lapppt]

My friend is an overstayer for one year. She successfuly applied for HSMP. Now she wants to go back to her country to regularise her status and come back. However, she is worried that they might refuse to give her entry clearance because of her overstay. Are there precedents where overstayers have been given entry clearance under the HSMP or work permit? In other words, what are the likey argumets she can use to convince the Immigration worker not to refuse granting the entry clearance because of her overstaying? Your opinion will be appreciated

[1971]

Hi,

It is a crime to overstay under immigration rules which everyone knows and its vlearly a rule that works against most overstayers. Let your friend go immiediatelt to an immigration advise.They know the rules and they can advise her in a more professional way and what next to do.

Ciao.
1971.

[toufik7]

Your friend should go back home and get it sorted. immigration specialists will tell you the same thing.

One of my friends was in a similar situation and got EC.
They ran some background checks on him and had to go through interview. He "massaged" his overstay with nice words, and successfully argued why he deserved a second chance.

I dont know the specifics of your friend's case but the following should make the case stronger:
- good finances
- being currently employed (with well known company if possible)
- own accomodation (rent/bought)
- clean criminal record

to be honest, i believe there's 90-95% of getting EC. Having said that, you always need to be prepared of the worst

just my $0.02

[Kaff]

when you say she successfully applied for HSMP, did she got hsmp?
If yes then I am surprized that how can she be able to show Bank statements/ITR/Salary slips?

[vyliss]

Its gonna be a lot of process to bypass this illegality. But as you said, the officer maybe consider your current background and income while in UK. There must be a way to overcome this such as using lawyer etc.

[lapppt]

Normally they do not consider your immmigration history when applying for HSMP or work permit. That is why she got them. Her worry is that they might refuse entry clearance because of her overstay. Does HSMP or work permit fall under the settlement category? I have heard that they less strict if your application fall in this category? Any thought or experience?